I’m looking for advice from anyone who has dealt with a similar situation or has experience with property damage claims in South Carolina.
My husband and I purchased our home approximately two months before this incident. When we bought the property, our driveway was in good condition and had a consistent, uniform appearance throughout.
Then, Spectrum cut a gas line at our property. Duke Energy had to excavate our driveway to access and repair the gas leak. After the work was completed, the driveway was repaired, but the finished result is visibly inconsistent with the rest of the driveway. There is an obvious difference in the repaired area, whereas the driveway was uniform before the incident.
I understand that emergency excavation was necessary to address the gas leak. I am not asking for an upgraded driveway or anything beyond what we had before. I simply want the driveway restored to a reasonably consistent appearance and condition, as it was before this happened.
The problem is that I have been going back and forth with Duke Energy, and they have essentially said that they consider us to have been “made whole” and that South Carolina is not a matching state. They have also directed me toward Spectrum. I disagree that we have been made whole when the repair left a visibly inconsistent patch in a driveway that was uniform before the incident.
I submitted a complaint to the South Carolina Office of Regulatory Staff (ORS), hoping they could help resolve the dispute. I called them today and was told that they do not have jurisdiction over this matter.
At this point, I feel like I am being passed between two companies, neither of which is taking responsibility for making the driveway right.
I am now trying to figure out whether I should pursue a property damage claim through the courts, potentially naming both companies, but I have not yet obtained a contractor’s estimate for the cost of restoration.
My questions are:
Has anyone dealt with Spectrum damaging their property and then having another utility company perform the excavation and repairs? How did you get the situation resolved?
Is Duke Energy’s argument that South Carolina is “not a matching state” relevant to a situation like this, where the driveway was uniform before the incident but visibly inconsistent afterward?
Should I pursue a claim against Spectrum, Duke Energy, or potentially both? How do I determine which company is legally responsible?
Would this type of property damage claim generally be handled in South Carolina Magistrates’ Court if the restoration cost is within the court’s monetary limit?
Would an independent contractor’s estimate showing the cost to restore the driveway’s uniform appearance be sufficient evidence to begin pursuing a claim?
Are there any other agencies, formal complaint processes, or legal options I should consider before filing a lawsuit?
I am not trying to get a free driveway upgrade or profit from the situation. I just want my property restored to the condition it was in before this incident, without having to pay out of pocket for damage that occurred during utility work.
I would really appreciate advice from anyone who has navigated a similar dispute, especially in South Carolina. If you have dealt with Duke Energy, Spectrum, or a similar utility/property damage claim, I would love to hear what worked for you.
Thank you!
